Fungsi & Bidang Kuasa

Investigation

Under section 25 of Act 700, a preliminary investigation may be conducted by the Complaints Committee to determine:

01the nature of the misconduct complained of; and

02whether the Commission should proceed with a full investigation into the complaint.

Under subsection 17 (1) (2) (3) (4) (5) of Act 700, the Commission has GENERAL investigation powers as follows:

The Commission may establish such number of Task Forces as it deems necessary to assist the Commission in performing its functions effectively and efficiently under this Act. The members of a Task Force may comprise the officers of the Commission and the consultants engaged under section 15 of Act 700 where the members shall have all the powers of investigation as contained in the Criminal Procedure Code [Act 593]. The Commission may establish joint task forces with any other authorities as it deems necessary

Under section 31 (1) of Act 700, the Commission has SPECIFIC powers of investigation as follows:

01To conduct hearings if the Commission considers necessary or desirable to do so;

02To procure and receive all such evidence, whether written or oral, and to examine all such persons as witnesses as the Commission considers necessary or desirable to procure or examine;

03To require the evidence, whether written or oral, of any witnesses to be made on oath or affirmation (such oath or affirmation to be that which could be required of the witness if he was giving evidence in a court of law) or by statutory declaration.

04To summon any person residing in Malaysia to attend any meeting or hearing of the Commission to give evidence or produce any document or other thing in his possession;

05To issue a warrant of arrest to compel the attendance of any person who, after having been summoned to attend, fails to do so and does not excuse such failure to the satisfaction of the Commission, and to order such person to pay all costs which may have been occasioned in compelling his attendance or by reason of his refusal to obey the summons, and also to fine such person a sum not exceeding five thousand ringgit;

06To fine in a sum not exceeding five thousand ringgit any person who, being required by the Commission to give evidence on affirmation or to produce a document or other thing, refuses to do so and does not excuse such refusal to the satisfaction of the Commission;

07To admit, notwithstanding any of the provisions of the Evidence Act 1950 [Act 56], any evidence, whether written or oral, which my be inadmissible in civil or criminal proceedings;

08To award any person who has attended any meeting or hearing of the Commission such sums as in the opinion of the Commission may have been reasonably incurred by such person by reason of such attendance; and

09To admit or exclude the public from such hearing or any part thereof.

Notwithstanding under subsection 31 (2) state, for paragraph 31(1)(d), where a person summoned is a person under detention under any written law, such summons shall be issued in accordance with the laws applicable in relation to the place of detention.

Under section 32 Act 700, the Commission has the power to obtain documents or other things for the purpose of investigation:

01For the purposes of an investigation, the Commission may, by notice in writing served on a person require the person:

a. to attend, at a time and place specified in the notice before a Commissioner or a member of the Task Force as specified in the notice; andb. to produce any document or evidence, as specified in the notice.

02The notice may provide that the requirement may be satisfied by some other person acting on behalf of the person on whom it was imposed:

a. present, at the time and place specified in the notice before the Commissioner or members of the Task Force as stated in the notice; andb. produce any documents or evidence, as specified in the notice.

03 A person shall not, without reasonable excuse, refuse or fail to comply with a notice served on him under this section.

04A person who fails, without reasonable excuse, to comply with a notice served under subsection (1) commits and offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Section 33 of the Act carries legal obligation to every person required by the Commissioner or member of task force to give any information on any subject of the investigation:

A person who contravenes subsection (1) commits and offence and shall, on conviction or to imprisonment for a term not exceeding two years or to both, under subsection 2.

OTHER MATTERS:

Under section 28 of Act 700, the Commission can initiate investigations on its own initiative.

The Commission may commence an investigation in respect of a misconduct it becomes aware of on its own initiative only if the commission is satisfied that the matter is of significant interest to the public or that it is in the public interest to do so.

The Commission's powers of investigation on its own initiative under this section is wide ranging and therefore it will be implemented in exceptional circumstances only i.e. in cases involving public interest and of significant interest to the public.

In such cases, the power is essential to ensure that the Commission can play a proactive role to carry out an investigation and not just rely on complaints from the public.

More questions concerning the investigation? Click here for frequently asked questions about the Investigation

ICT Policy

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Privacy & Security Policy

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Data Protection

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Storage Security

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